Have You Made Your Will? Not a joke.

Discussion in 'Off-Topic Discussion' started by shiney, Oct 2, 2010.

  1. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    I couldn't agree more :thumb:. We are spending our money on far away and remote holidays. If we pop our clogs with some of it still left then the wills cover what happens.

    In the, hopefully unnecessary, situation of being incapable we have given power of attorney, firstly, to each other and then to two nieces - on each side of the family.

    Now we can get down to the business of holidays. :)
     
  2. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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  3. watergarden

    watergarden have left the forum because...i'm a sad case

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    I know some one who did similar, but it wasn't old age but cancer. Gave him a couple of months to live.

    You can guess what happened, they didn't sue his wife for the money, they found a cure and he didn't die, he had to pay it all back.
     
  4. Val..

    Val.. Confessed snail lover

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    Thanks for that shiney, you have jogged my memory about this again!!!

    Val
     
  5. clueless1

    clueless1 member... yep, that's what I am:)

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    Evening all.

    Sorry if this has already been said, but I haven't read the entire thread.

    I'm going to be a hippocrite now, and say that it is important to make a will, even if you're at that age where you still believe you're immortal. I'm a hippocrite because I haven't done it yet, even though I know I should.

    To anyone still lucky enough to have a good pension and life assurance scheme at work, as I did a couple of jobs ago.

    You think to yourself, I don't need to do anything, my wife is automatically my next of kin. If I die while I'm in the scheme, she will be looked after in that she gets a lump sum payout, plus a significant percentage of my salary each month for the rest of her life.

    Then you stumble upon a convoluted term in the terms and conditions document. To paraphrase, it says that the person you name on the form as your next of kin is just a suggestion to the scheme trustees, who will decide themselves by vote who gets the benefits from the scheme unless a will is made. It actually said that the trustees could decide that the best thing to do would be to reinvest the benefits into the scheme.

    So I take that to mean, even if you don't have a life assurance scheme at work, its still not safe to assume that your assets go to who you think they'll go to in the event of your untimely demise.
     
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    • Jack McHammocklashing

      Jack McHammocklashing Sludgemariner

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      What Clueless states is true, the trustee can will it to themselves Unless you have made a will stating what you want

      As for the FREE WILL month, it is a bit of a CON to top up WILL AID
      They make up the will for free then make a suggested DONATION

      It is VERY difficult for one to Will a home worth 460k and 200k assets, then donate NOTHING :)

      Joking aside, even if you THINK you are not worth much You need to make a Will
      The law in Scotland is different, but if you die INTESTATE, Then the assets can go to places you never imagined, NOT JUST TO YOUR NEXT OF KIN

      The wicked Witch you have not quite Divorsed will get his/her full share
      The child who ran off with the family silver and thinks you are a stupid T$%^£
      will get his full share too

      I suppose when you are dead, it does not really mater to you where its gone
      just peace of mind whilst you are still around

      Jack McHammocklashing
       
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      • Aesculus

        Aesculus Bureaucrat 34 (Admin)

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        I can't imagine I need a will:o what would an unemployed 20yr have to possibly leave?:heehee: maybe my gardening books and the PC:loll:
         
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        • shiney

          shiney President, Grumpy Old Men's Club Staff Member

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          I have used Will Aid for a number of people that I look after. These are all disabled people who have some assets (not a lot) or the house they live in and are on benefits. They all need wills and the solicitor has been happy to do their wills free of charge because of Will Aid. The solicitor has stated that they do not need to donate anything to the charity and she will store their wills free of charge. The solicitor doesn't know whether they have donated as I take the donation forms and deal with them. Not surprisingly the people I help would like to donate something to the charity as most of them have had need of charity during their lifetimes. I don't let them donate more than £25 - which is not bad because the solicitors down this way charge close to £200 per will.

          Apparently, the most common donation is £75 which is still much less than the normal cost.

          The solicitor I use is part of a big firm and is only too happy to do the work for nothing. Well done, Cathy. :dbgrtmb: :love30:

          Jack is right, most people need to make a will.

          A lot of people have their own house even if they don't have much else. If you don't have a will there are rules that say where your estate goes. This can sometimes be exactly what you don't want to happen. If you have separated (but not divorced) from a spouse you now thoroughly dislike, that spouse will still receive the first £250,000 of anything that is yours. If you don't have any surviving family at all, the State gets it :gaagh: - even if you told everyone that you want it to go to the local cat's home.

          One of the disabled people I help has no house and just £10,000 savings (which he inherited from his mother) but doesn't want it to go to his sister who has not been very nice to him all his life. He wants it to go to some of the neighbours who look after him. Without a will his sister will get it. Putting it in a letter to the neighbours without having a will (which is what he had done) would have been no use.
           
        • JWK

          JWK Gardener Staff Member

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          clueless1 is correct about the trustees business. From my experience with just one company, I know the pension trustees used their powers but very rarely in exceptional circumstances.
          tree
          Another thing I’ve discovered from a bad personal experience is that wills are overridden by title deeds. Whatever it says on your house deeds takes legal precedence over the will. Just make sure that the will and title deeds actually match – a good solicitor will know this.
           
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          • Aesculus

            Aesculus Bureaucrat 34 (Admin)

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            This is how my mum was ******* over by her brother, his name was on the title deeds (i presume so he didn't have to pay inheritance tax?) however the house and contents where down on the will to be shared between them:mad:
             
          • Louise D

            Louise D Head Gardener

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            I work with elderly people daily and one couple i visit were scammed out of a couple of thousand by a very well known 'elderly people aid' company.

            How could this happen from such a reputable company you ask ...... ?
            Because their 'will agents' were 'subcontracted' for want of a better word ..... and this particular 'agent' took the deposit money and ran :mad:

            They contacted the 'big well known company' but because these guys weren't actually employed by *** ******* and there was nothing that could be done.
            It was a dreadful do.
             
          • clueless1

            clueless1 member... yep, that's what I am:)

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            Actually that's not true, although lots of organisations rely on tricks like this to get out of their legal obligations.

            When you do a deal with a company, you are doing business with that company only. The company may choose to subcontract some or all of the services you are buying, but it is still the original company that you are doing business with.

            Its all in the Sale of Goods act 1990, which despite the misleading name, also applies to services.

            The scam victims, who in effect were robbed, can claim a refund from the original company. If the company wont pay up, then, if they have the energy and persistence, can take it to the small claims court (you can do it online via moneyclaim.gov.uk).

            When they win, the company may choose to recover their losses by taking action against the subcontractors, but that's their problem.
             
          • shiney

            shiney President, Grumpy Old Men's Club Staff Member

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            I agree with clueless :dbgrtmb:

            The Act has been updated under the Sale and Supply of Goods to Consumer Regulations in 2002.
             
          • Louise D

            Louise D Head Gardener

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            Interesting.

            The couple in question certainly didn't have it in them to persue it but they've 2 sons and i think they took it further but were told by *** ******* that it was "out of their hands" and the sons' actions stopped there :(
            Dreadful actions for such a well respected company, to send in these agents to the peoples homes, where they take advantage of every single thing and factor from the (2 hour long) hospitality to the folks' ignorance, is totally un-acceptable.
            I was outraged, on principle.

            It really was awful, it shook-up the elderly couple quite badly.
            They've now made wills and did it through a normal/high street solicitors company.
             
          • shiney

            shiney President, Grumpy Old Men's Club Staff Member

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            It's those sort of problems that I dealt with for people who were unable to do it themselves - usually just for disadvantaged people, customers, staff and friends. It quite often only took a couple of phone calls or letters to get things settled but some ended up in the Small Claims Court.
             
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